THE FOLLOWING TERMS AND CONDITIONS GOVERN YOUR USE OF cargooapp.com. YOUR VIEWING OR USE OF THIS SITE WILL CONSTITUTE YOUR AGREEMENT, ON BEHALF OF YOURSELF AND THE ENTITY YOU REPRESENT (HEREINAFTER COLLECTIVELY "YOU" OR "YOUR"), TO ALL OF THE TERMS AND CONDITIONS PROVIDED BELOW.
CARGO Application Cargo MAY MAKE FUTURE CHANGES OR MODIFICATIONS TO SUCH TERMS AND CONDITIONS AT ANY TIME WITHOUT NOTICE, AND YOUR SUBSEQUENT VIEWING OR USE OF cargooapp.com WILL CONSTITUTE YOUR AGREEMENT TO THE CHANGES AND MODIFICATIONS. THERE MAY BE ADDITIONAL TERMS AND CONDITIONS PROVIDED THROUGHOUT cargooapp.com GOVERNING YOUR USE OF PARTICULAR FUNCTIONS, FEATURES, INFORMATION AND APPLICATIONS AVAILABLE THROUGH cargooapp.com
Section 1. Definitions
Content: information, graphics, products, features, functionality, services, and links on cargooapp.com, including Billing Online, Tracking Signature Proof of Delivery and Tracking Updates.
CARGO Application :CARGO Corporate Services, Incorporated, its parent and its parent's subsidiary companies.
You: Yourself and the entity that you represent
Section 2. Use of cargooapp.com
cargooapp.com is provided solely for the use of current and potential CARGO Application customers to interact with CARGO and may not be used by any other person or entity, or for any other purpose. Specifically, all shipping, tracking, rating, receiving invoices and remitting payment using electronic funds transfer ("EFT"), drop-off location, and other information and services may only be used by current and potential CARGO customers for their own shipments. Use of cargooapp.com to provide information to or prepare shipments by or for the benefit of third-party shippers is expressly prohibited.
The use of non-authorized scripting technologies to obtain information from cargooapp.com or submit information through cargooapp.com is strictly prohibited.
Section 3. cargooapp.com/assets Login Registration
You may choose to register on cargooapp.com to access interactive features/assets Login provides you with access to Tracking,Billing Online,and other online services. The availability of these services varies by country. In the future, CARGO Application may add other features that may be accessed through/assets Login. In such event, previously registered users will not be required to re-register.
By registering on cargooapp.com, You agree to provide accurate and current information about Yourself as prompted by the cargooapp.com/assets Login Registration pages and maintain and promptly update Your online profile information to keep it accurate and current.
When you register using cargooapp.com/assets Login Registration, you will select a user ID and password. You are responsible for maintaining the confidentiality of the password and user ID, and you are responsible for all activities that occur under Your password and user ID. You agree to (a) immediately notify CARGO Application of any unauthorized use of Your user ID and password, and (b) ensure that You exit from Your session at the end of each visit.
You acknowledge and agree that it may be necessary from time to time for CARGO Application to confirm the validity of the credit card information you provided to open your account. When this occurs, CARGO Application may request a temporary authorization hold for a nominal amount on your card. This authorization hold does not result in actual charges to your card. These authorizations will automatically expire based on guidelines established by your card issuer.
Section 4. Changes to cargooapp.com
cargooapp.com and its Content, may be changed, deleted or updated at any time without notice.
Section 5. Termination of Use
CARGO Application may discontinue, suspend or modify cargooapp.com at any time without notice, and CARGO Application may block, terminate or suspend Your and any user's access to cargooapp.com at any time for any reason in its sole discretion, even if access continues to be allowed to others.
Section 6. Ownership
cargooapp.com and its Content are protected byinternational copyright, trademark and other laws.All rights reserved. Specifically, CARGO Application does not convey to anyone, through allowing access to cargooapp.com, any ownership rights in cargooapp.com or in any Content appearing on or made available through cargooapp.com. Customer may not copy, modify, translate, transmit, distribute, adapt, reproduce, decompile, reverse engineer or disassemble any part of cargooapp.com or its Content.
Section 7. Disclaimer of Warranty
cargooapp.com AND ITS CONTENT ARE PROVIDED "AS IS". CARGO Application AND ITS LICENSORS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, REGARDING ANY SUCH CONTENT AND YOUR ABILIITY OR INABILITY TO USE cargooapp.com AND ITS CONTENT.
CARGO Application DISCLAIMS AND EXCLUDES ALL WARRANTIES REGARDING cargooapp.com, AND THE FUNCTIONING OF THE INTERNET WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CARGO Application DOES NOT WARRANT THAT SHIPING SOFTWARE WILL MEET ALL OF CUSTOMER'S REQUIREMENTS OR THAT ITS OPERATIONS WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECT WITHIN THE PORTAL WILL BE CORRECTED. FURTHERMORE, CARGO Application DOES NOT WARRANT NOR MAKE ANY REPRESENTATION REGARDING THE RESULTS OF CUSTOMER'S USE OF SHIPING TOOLS IN TERMS OF CAPABILITY, CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION, REPRESENTATION OR ADVICE GIVEN BY CARGO Application OR AN AUTHORIZED REPRESENTATIVE OF CARGO Application SHALL CREATE A WARRANTY.
Section 8. Limitation of Liability
USE OF cargooapp.com AND ITS CONTENT IS AT YOUR SOLE RISK. CARGO Application WILL IN NO EVENT BE LIABLE TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES UNDER ANY THEORY OF LAW FOR ANY ERRORS IN OR THE USE OF OR INABILITY TO USE cargooapp.com AND ITS CONTENT INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS, DATA, OR DAMAGE TO ANY COMPUTER SYSTEMS, EVEN IF YOU HAVE ADVISED CARGO Application OF THE POSSIBILITY OF SUCH DAMAGES.
Section 9. Indemnity
You agree to defend, indemnify and hold harmless CARGO Application, its parent and affiliate companies and their respective officers, directors, employees, agents and representatives from any and all claims (i) arising out of Your breach of any of these terms and conditions, and any of Your activities conducted in connection with this site.
Section 10. CARGO Application Service Guide
The terms and conditions for using CARGO Application delivery and related services are contained in the most current version of the Service Guide, which is available by request. The most current version of the Service Guide will control in the event of any conflict between any CARGO Application delivery or related service information online and the delivery or related service information contained in the most current version of the Service Guide.
Section 11. Links to other web sites
There are links in cargooapp.com site that allow You to visit sites of third parties. Neither these sites nor the companies to whom they belong are controlled by CARGO Application. CARGO Application makes no representations concerning the information provided or made available on such sites nor the quality or acceptability of the products or services offered by any persons or entities referenced in any such sites.
CARGO Application has not tested and makes no representations regarding the correctness, performance or quality of any software found at any such sites. You should research and assess the risks which may be involved in accessing and using any software on the Internet before using it.
Section 12. Privacy Policy
The CARGO Application Privacy Policy governs the use of information acquired from You through cargooapp.com.
Section 13. Export
You assume all responsibility for compliance with all laws and regulations of the United Arab Emirates and any other country from which You may access cargooapp.com regarding access, use, export, re-export and import of any Content appearing on or available through cargooapp.com
Section 14. Controlling Law and Severability
This Agreement and Your use of cargooapp.com is governed by and construed in accordance with the laws of the United Arab Emirates If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible.
Any cause of action with respect to cargooapp.com or this Agreement must be instituted within one year after the claim or cause of action has risen or be barred and must be brought in a court of competent jurisdiction within UAEThis Agreement may not be changed or modified without the written consent of CARGO Application.
Section 15. Terms of Carriage
(i) Customer agrees that domesticcarriage by CARGO Application of any shipments tendered to CARGO Application using cargooapp.com shall be in accordance with the terms, conditions and limitations of liability set out on the NONNEGOTIABLE Air Waybill, Label, Manifest, or Pick-Up Record (collectively "Shipping Documentation") and as appropriate any transportation agreement between Customer and CARGO Application covering such shipment and in any applicable tariff, Service Guide or Standard Conditions of Carriage, copies of which are available upon request, and which are incorporated into this Agreement by reference. If there is a conflict between the Shipping Documentation and any such document then in effect or this Agreement, the transportation agreement, tariff, Service Guide, Standard Conditions of Carriage, or this Agreement will control, in that order of priority.
(ii) In the event Customer uses cargooapp.com to process shipments tendered to CARGO Application for delivery to locations outside the United Arab Emirates or country of shipment origin, Customer will, at Customer's sole expense, assure that the terms and conditions of international carriage supplied by CARGO Application from time to time (and which may be amended or modified from time to time at CARGO Application’s sole discretion) are placed on the Shipping Documentation as may be instructed by CARGO Application, for all such international shipments. Customer will defend, indemnify and hold harmless CARGO Application, its officers, directors, employees and agents from and against any and all losses, damages, claims and other items of cost and expense arising out of Customer's failure to apply the international carriage terms to the Shipping Documentation for such international shipments, including without limitation claims from the recipient of any shipment, and Customer's failure to follow instructions in regard to the placement of the terms on the Shipping Documentation for such international shipments.
(iii) Printed Signature. Customer acknowledges that if cargooapp.com is used to process shipments to locations outside the United Arab Emirates or country of shipment origin, Customer must enter the name of the person completing the Shipping Documentation to print in lieu of its manual signature on the Shipping Documentation, as applicable, for all shipments tendered by Customer to CARGO Application using cargooapp.com. Customer further acknowledges that such printed name shall be sufficient to constitute the Customer's signature, and Customer's acceptance of the terms and conditions of carriage contained in the applicable transportation agreement, tariff, Service Guide, Standard Conditions, or Shipping Documentation, under which the shipment is accepted by CARGO Application, or its independent contractor.
(iv) Unless otherwise indicated, the shipper's address indicated on the face of any Shipping Documentation is the place of execution and the place of departure and the recipient's address listed on the face of the Shipping Documentation is the place of destination. Unless otherwise indicated on the face of the Shipping Documentation the first carrier of all shipments is CARGO Application.
Section 16. CARGO Application Messaging system
CARGO Application provides You with the opportunityto use messaging system to send a message to the recipient informing him/her of Your shipment. This feature is provided free of charge. CARGO Application may modify or terminate the use of this feature at any time.
CARGO Application does not commit to keeping Your message private or confidential. By using CARGO Application messaging system, You acknowledge that CARGO Application is providing the technical functionality only, and that You are solely responsible for the content of Your messages. CARGO Application undertakes no duty to monitor any messages sent by You. However, CARGO Application, in its sole discretion, may elect, but is not obligated, to look at Your messages to protect itself.
Do not use CARGO Application messaging system for anything other than to communicate information about Your shipment. You may not use CARGO Application messaging system to disseminate inflammatory, infringing, obscene, or other unlawful information, or to threaten, harass, abuse or otherwise violate the legal rights of others or perform any act contrary to law. If CARGO Application sees or hears about messages sent via CARGO Application messaging system that violate these provisions, or that may damage CARGO Application, it may take all actions necessary to protect itself, including disclosing any messages to the authorities.
It is not necessary to use CARGO Application messaging system to ship a package via cargooapp.com. CARGO Application will not be liable for any failure or delay, for any reason, in the transmission, receipt, or acknowledgment of any messages sent by or to You.
Section 17. Address Book
Subject to the terms listed here, addresses will remain in Your Address Book as long as You use cargooapp.com. If You do not use cargooapp.com for a period of 6 months, CARGO Application will delete Your addresses.
However, CARGO Application will not delete Your account. If You have any concerns, please email FedEx at info@cargooapp.com The Address Book is a feature provided free of charge by CARGO Application. You should maintain a back-up copy of Your addresses as CARGO Application will not be responsible for the loss of addresses contained in the Address Book. CARGO Application may modify or terminate this feature at any time for any reason.
Section 18. Courtesy Rate Quote
The courtesy rate reflected by the Courtesy Rate Quote on cargooapp.com, if shown, may be different than the actual charges for Your shipment. Differences may occur based on actual weight, dimensions, and other factors. Consult the applicable CARGO Application Service Guide or the CARGO Application Rate Sheets for details on how shipping charges are calculated.
Section 19. CARGO Application Tracking Signature Proof of Delivery
In addition to the cargooapp.com Terms of Use, the following terms and conditions govern your access and use of Signature Proof of Delivery. By accessing and using Signature Proof of Delivery, you acknowledge and agree that you are the shipper, the recipient, or third-party payor, or are authorized to act on behalf of the shipper, recipient, or third party payor to retrieve the signature image for the shipment you are attempting to track. You warrant and agree, on behalf of yourself and all persons on whose behalf you are acting in accessing and using Signature Proof of Delivery, that you will not use the signature image for any purpose other than to confirm the delivery of such shipment. You further acknowledge and agree, on behalf of yourself and all persons on whose behalf you are acting in accessing and using Signature Proof of Delivery, (i) to defend (at CARGO Application option), indemnify, and hold harmless CARGO Application, its parent and its parent company's subsidiary companies (collectively "CARGO Application" for purposes of this paragraph) from and against any and all claims of whatever nature arising from your access and use of Signature Proof of Delivery, and the receipt, use and emailing of any signature retrieved; (ii) that Signature Proof of Delivery is provided "AS IS" and you assume all risk of accessing and using Signature Proof of Delivery; (iii) that CARGO Application DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS OF WHATEVER NATURE, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE IN RESPECT TO SIGNATURE PROOF OF DELIVERY; (iv) you will only email Signature Proof of Delivery to the shipper, recipient or third party payor of the shipment you are attempting to retrieve; (v) that under no circumstances shall CARGO Application be liable for any money or other damages resulting from the access and use of Signature Proof of Delivery and that CARGO Application hereby disclaims liability for any such damage; and, (vi) that your actions and shipments are further governed by, and you will comply with, the terms and conditions in the applicable Service Guide or transportation agreement.
Section 21. CARGO Application Tracking Updates
In addition to the cargooapp.com Terms of Use, the following additional terms and conditions govern the access and use of this tracking update subscription application to request tracking information updates ("Tracking Updates"). CARGO Application authorizes You to request Tracking Updates for a shipment for which You are the shipper, recipient or third-party payor and You agree to only request Tracking Updates for a shipment for which You are the shipper, recipient, or third-party payor subject to these Terms and Conditions. You acknowledge and agree that Tracking Updates are the private property of CARGO Application, are provided to You free of charge and that any use of Tracking Updates information is at Your sole risk. Tracking Updates are provided "AS IS" and CARGO Application disclaims all Warranties or conditions, Express or Implied.
Section 22. CARGO Application Delivery
In order to facilitate delivery or release of a shipment, CARGO Application may, at its sole discretion, offer certain delivery options and functionality to residential Recipients through CARGO Application Delivery. As a condition for approval to register for and use CARGOExpress Delivery, Recipient agrees to these terms:
I. Recipient represents and warrants that Recipient: resides at the address provided for enrollment; is authorized to enroll and receive shipments at the address; will only register for himself/herself; will only register nicknames that are associated with Recipient’s name and identity; is 13 years of age or older.
II. For each shipment, Recipient represents and warrants that Recipient is authorized by the Shipper to use or request the CARGO Application Delivery options and functionality.
III. Recipient agrees to pay any fees associated with CARGO Application Delivery options that are offered by CARGO Application for a fee.
IV. The contract of carriage governed by the CARGO Application Terms and Conditions or CARGO Application Service Guide shall at all times remain with the Shipper, as that term is defined in the CARGO Application Service Guide, and nothing in these CARGO Application Delivery Terms shall be construed to create a contract of carriage with the Recipient. CARGO Application Delivery options and functionality, including those offered for a fee to the Recipient, are governed solely by the terms in this CARGO Application Delivery section of the cargooapp.com Terms of Use.
V. In no event shall CARGO Application, including, without limitation, agents, contractors, employees and affiliates, be liable for any damages, including but not limited to special, incidental or consequential damages, including, without limitation, loss of profits or income, whether or not CARGO Application had knowledge that such damages might be incurred, from honoring, or our failure to honor, any request for delivery instructions, preferences, delivery suspension, routing instruction or other delivery request from the Recipient. Notwithstanding, a refund of the CARGO Application Delivery fee as outlined below is the exclusive remedy in the event of CARGO Application’s failure to honor the Recipient’s request for CARGO Application Delivery options.
VII. Refund Requests: To qualify for a refund, you must notify us of a delivery option failure and request a refund of your charges in compliance with the conditions listed below. If you do not comply with these conditions, you are not entitled to receive a refund and cannot recover compensation for a delivery option failure in any lawsuit.
1. You may request a refund of charges due to a delivery option failure by submitting your request through the billing adjustment process via costumer support team
2. Your notification of a delivery option failure must include the tracking number.
3. All requests for refund or credit of charges must be received within 30 calendar days from the ship date.
VII. If the Sign for A Package option is selected, Recipient authorizes CARGO Application to leave the shipment, and any other eligible shipment available for delivery, at the recipient’s location and releases CARGO Application from all liability for any loss or damage that may result from leaving the shipment at Recipient’s request.
VIII. If Recipient provides delivery instructions, preferences, or requests to suspend deliveries for their address, Recipient releases CARGO Application from all liability for any loss or damage that may result from CARGO Application following the delivery instructions, preferences, or requests to suspend deliveries.
IX. Recipient understands that CARGO Application Delivery calendar and tracking visibility will be based on information readily available to CARGO Application, that it may be limited, estimated or incomplete and that such information may change or be modified.
X. Recipient agrees not to sue CARGO Application as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against CARGO Application regarding any Delivery.